Pubdate: Sun, 27 Jan 2002 Source: Idaho State Journal (ID) Copyright: 2002 Idaho State Journal Contact: http://www.journalnet.com/ Details: http://www.mapinc.org/media/936 LEAVE LOOPHOLE ALONE To the editor: A recent court decision has exposed an apparent loophole in the state code in regard to DUI laws and marijuana. The state Legislature has vowed to correct this discrepancy, and Bannock County Sheriff Lorin Nielsen is glad to hear that. The good citizens of Idaho should not be so quick to jump on the bandwagon. In the Monday edition of the Journal, Sheriff Nielsen was quoted discussing how any impairment is dangerous, and that an individual must always be in full control when driving. In addition, his opinion of the "loophole" essentially states that any dangerous impairment is criminal. Might we remind the good sheriff, who twice has had diabetic seizures at the wheel of public safety vehicles, of his own dangerous impairment? More central to this issue is the effect of marijuana on an individual's ability to drive. Studies have shown that marijuana affects everyone differently and that effect cannot be measured. In fact, last January the Journal printed a story about a study, which concluded that people who regularly smoke marijuana are better drivers while under the influence. In addition, the amount of marijuana used and time since ingestion cannot be identified or quantified like alcohol. Thus, our only available measurement is behavioral and in the form of field sobriety tests. That is exactly what the court ruled and what the state code enforces. Therefore, there is no "loophole" to close. In conclusion, I urge all reasonable citizens, and the Legislature, to reject any attempt to close this prudent exception. We must also realize that a person on marijuana who passes a field sobriety test, is as fit to drive as our good, and impaired, sheriff. RYAN ELLIOTT Pocatello - --- MAP posted-by: manny lovitto